HomeMy WebLinkAboutSupp Info Rcvd after 2/5/10 - Permit #08-46021CITY COUNCIL RESOLUTION NO. 2010-9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, CONSIDERING OF AN APPEAL OF A DECISION BY THE CITY
MANAGER AND PERMIT ADMINISTRATOR REVOKING A MASSAGE
ESTABLISHMENT PERMIT FOR AC MASSAGE LOCATED AT 72-855 FRED WARING
DRIVE, SUITE C-16.
MASSAGE ESTABLISHMENT PERMIT 08-46021
WHEREAS, the Business License Department of the City of Palm Desert, CA did on February
12, 2009 approve a massage establishment permit for Lawrence Andrews located at 72-855 Fred
Waring Drive, Suite C-16;
WHEREAS, on February 11, 2010, the City Council at the City of Palm Desert, CA did hold a
duly noticed public hearing to consider the revocation of a massage establishment permit for failure to
comply with the Palm Desert Municipal Code by operating in an illegal or disorderly manner, by virtue of
an arrest and due to miscellaneous code violations.
WHEREAS, at said public hearing, upon hearing and considering all testimony, documentary
evidence, and arguments, if any, about which the persons desiring to be heard, said, the City Council
did find the following facts and reasons to exist to justify the revocation of the massage establishment
permit:
1 May 2009, the Palm Desert Police Special Enforcement Team received information
regarding suspicious activity at AC Massage. One of the businesses near AC Massage
reported that there was an unusual amount of male patrons visiting the location at late
hours in the evening.
2. May 2009, a compliance check with Code Enforcement revealed that AC Massage was
in violation of several municipal codes by not having the business hours posted, list of
services provided, and had a lock on door number two.
3. October 2009, members of the Palm Desert Special Enforcement Team assisted Code
Enforcement with a monthly compliance check of massage establishments. AC
Massage was out of compliance with municipal codes regarding to their daily sign -in
log. Code Enforcement noted the violation, but did not issue a citation.
4. December 2009, members of the Palm Desert Special Enforcement Team received
information from a citizen regarding suspicious activity at AC Massage. The citizen said
that he/she was told not to go to AC Massage by the owners of a business located near
the massage parlor. The neighboring business owners told the citizen that they had
observed activity at the location indicating that prostitution might be occurring inside.
5. December 2009, members of the Palm Desert Police Special Enforcement Team
conducted an undercover operation at AC Massage. During the operation the
undercover officer was solicited for illicit sexual acts and an arrest was made for
prostitution.
6. The foregoing is grounds for revocation of the Massage Establishment Permit for AC
Massage as the premises for which the establishment permit was issued were being
CITY COUNCIL RESOLUTION NO. 2010-9
operated in an illegal or disorderly manner, by virtue of the arrest, in violation of Palm
Desert municipal Code Section 5.87.180(B)(4).
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Desert,
California, as follows:
1. That the above recitations are true and correct and constitute the findings of the City
Council in this case.
2. That massage establishment permit 08-46021 is hereby revoked.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council
held on 11 th day of February, 2010, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Finerty, Mayor
ATTEST:
Rachelle Klassen, City Clerk
City of Palm Desert, California
APPROVED AS TO FORM:
David J. Erwin, City Attorney
RMPUB\RHARGREAVES\307980.1
PALM DESERT POLICE
DEPARTMENT
Served by the Riverside County Sheriffs Department
Stanley Sniff, Sheriff - Coroner
TO:
Lauri Aylaian, Director of Community Development
John Wohlmuth, City Manager DATE: February 11, 2010
FROM: Lieutenant Andrew Shouse
SUBJECT: AC Massage — Summary of Activity
SUMMARY OF ACTIVITY
The following is a summary of reports of alleged prostitution activity occurring at AC
Massage since March 2009:
• March 2009 — The City of Palm Desert issued AC Massage a Massage
Establishment Permit.
• May 2009 — The Palm Desert Police Special Enforcement Team received second
hand information regarding suspicious activity at AC Massage. One of the
businesses near AC Massage reported that there was an unusual amount of male
patrons visiting the location at late hours in the evening.
• May 2009 — A compliance check with Code Enforcement revealed that AC
Massage was in violation of several municipal codes by not listing services
available, having a lock on the door to massage room #2 and by not having their
hours of operation posted.
• October 2009 — Members of the Palm Desert Special Enforcement Team assisted
Code Enforcement with a monthly compliance check of massage establishments.
AC Massage was out of compliance with municipal codes regarding to their daily
sign -in log. Code Enforcement noted the violation, but did not issue a citation.
• December 2009 — Members of the Palm Desert Special Enforcement Team
received information from a citizen regarding suspicious activity at AC Massage.
The citizen said that he/she was told not to go to AC Massage by the owners of a
business located near the massage parlor. The neighboring business owners told
the citizen that they had observed activity at the location indicating that
prostitution might be occurring inside (File #T093440074).
• December 2009 — Members of the Palm Desert Police Special Enforcement Team
conducted an undercover operation at AC Massage. During the operation the
undercover officer was solicited for illicit sexual acts and an arrest was made for
prostitution (File #T093530037).
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